Do we file late I-865? (IR-1 sponsor became a Canadian PR during the application, maintained domicile)

wowsers

New Member
I will try to explain our situation as succinctly as possible

  • Married in 2018, Wife is USC, I am Canadian Citizen
  • Filed I130 in May 2020, putting wife's US address and physical address as US
  • Wife maintained all evidence of domicile in US, including cell phone, car reg, driver's license. Continued to work remotely, paying US tax, filing US tax returns
  • Submitted I864 and DS260 in September 2021, cosponsor is father at same address as above
  • Wife gained Canadian PR status in September 2021, found job in Spring 2022 and has been working there ever since. Spends the vast majority of her time in Canada since covid, but multiple trips back and forth since (dozens of trips)
  • Still has contract and job with old company, but rarely works for them any more
  • Documentarily Qualified in June 2022, Consular interview scheduled for October 2022
  • Found out about I865 (change of address form) today, not sure whether to file it or not because not sure if she has actually changed her address. Her permanent address is technically still in the US, but it's complicated and confusing because she works in Canada, spends most of her time here, and has PR status
  • Unsure how to answer some interview questions: "where does she live?" "where does she work?" and so on
  • Want to be as honest as possible and have attempted to be but complicated situation
Please help.
 
Unsure how to answer some interview questions: "where does she live?" "where does she work?" and so on
Only way to answer is the truth. Don’t play games with US immigration, false statements have serious consequences. It sounds like the truthful answers are, she lives and works in Canada. Montreal consulate is notorious for being sticky on domicile of US petitioner. Very likely you/she will need to show something much more material than a parent’s address and tax returns (which she is obliged to file anyway). Wife having obtained Canadian PR is also a strong argument that domicile is actually Canada rather than US.

When do you two plan to physically relocate to the US, and what proof of this do you have?
 
Only way to answer is the truth. Don’t play games with US immigration, false statements have serious consequences.
Thanks for the response. I'm not playing games. I don't intend to lie and never did. This situation is so complicated that I actually don't know what the truth is; that's why I'm here.

It sounds like the truthful answers are, she lives and works in Canada. Montreal consulate is notorious for being sticky on domicile of US petitioner. Very likely you/she will need to show something much more material than a parent’s address and tax returns (which she is obliged to file anyway).
As stated in the original post, she has car reg, income tax up to 2021 fiscal year, cell phone, bank accounts, and will even have registered to vote for the midterms. All of this is continuous since she met me 7 years ago. The truthful answer is 'both.' She maintains a US domicile and has a job that pays her USD (remote, contract work) which she pays US taxes on, but she hasn't earned much at that job this year. She also resides in Canada and holds PR status here.
Wife having obtained Canadian PR is also a strong argument that domicile is actually Canada rather than US.
Is it? It's my understanding she will continue to hold a PR even after we both move to the US if my green card is approved, and will continue to hold it and be able to use it for years, so long as she spends enough time in Canada to keep it updated. I've hear it's even possible for her to apply for citizenship if she gets enough days out of a 5 year period of 'residence' in Canada. If that's true, and she still holds her PR after we both move, why would holding a PR mean anything at all? As far as we're concerned she is here temporarily. She held onto her US ties precisely because she never intended to move here permanently.

That aside, she has far more evidence of US domicile than Canadian. The only reason we even tried to get her a PR was so we could be together while we waited for my US application to process.
When do you two plan to physically relocate to the US, and what proof of this do you have?

We intend on physically relocating as soon as my green card is approved. All the evidence I've stated is in the original post. Was thinking about getting a moving quote as well.
 
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We intend on physically relocating as soon as my green card is approved. All the evidence I've stated is in the original post. Was thinking about getting a moving quote as well.
No need to get so argumentative, you asked for advice, and Montreal really does have a reputation about being sticky about this. As your wife has shown, all that “evidence” you mention is still totally consistent with someone spending most of their time in Canada (your words: “Spends the vast majority of her time in Canada“). You’d be advised to have more. A moving quote, evidence of her actually working for the US company more (you said she rarely works for them anymore) or planning to resign from the Canadian one, evidence of you looking for work in the US, evidence that the address is actually hers and her parent is just staying there or that you are looking for a proper place of your own (seeing as you mentioned parent is at same address) - those are the kinds of things that people have reported as being useful for showing domicile in US or intent to re-establish domicile. Good luck,
 
Evidence of me looking for a job in the US? Before I'm legally allowed to work there? What do you mean? Like searching the internet for possible jobs, or actually applying for them?
 
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